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Benjamin Schoenthal, et al. v. Kwame Raoul, Attorney General of Illinois, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 24-2643, 24-2644 · judgment September 2, 2025


Certiorari denied · April 6, 2026
Pre-decision estimate: 5% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a petition filed soon after the judgment below, and a Seventh Circuit decision below, and down for a state or local-government respondent.

Question presented

Whether Illinois’ flat ban on ordinary citizens carrying firearms on public transportation violates the Second and Fourteenth Amendments.

Counsel of record

For petitioner
David H. Thompson
Cooper & Kirk, PLLC

For respondent
Jonathon Delmar Byrer
Cook County State's Attorney's Office

Case

Conference history
Distributed for 4 conferences

Amicus briefs
2 cert-stage

Proceedings

  1. Apr 06 2026
    Petition DENIED.
  2. Mar 30 2026
    DISTRIBUTED for Conference of 4/2/2026.
  3. Mar 26 2026
    Rescheduled.
  4. Mar 23 2026
    DISTRIBUTED for Conference of 3/27/2026.
  5. Mar 19 2026
    Rescheduled.
  6. Mar 04 2026
    DISTRIBUTED for Conference of 3/20/2026.
  7. Mar 03 2026
    Reply of petitioners Benjamin Schoenthal, et al. filed. (Distributed)
  8. Feb 17 2026
    Brief of respondent Eileen O’Neill Burke, Cook County State’s Attorney, in opposition filed.
  9. Feb 17 2026
    Brief of respondents Kwame Raoul, Attorney General of Illinois, et al. in opposition filed.
  10. Jan 16 2026
    Brief amici curiae of National Rifle Association of America, et al. filed.
  11. Jan 07 2026
    Motion to extend the time to file a response is granted and the time is extended to and including February 17, 2026, for all respondents.
  12. Jan 06 2026
    Motion to extend the time to file a response from January 16, 2026 to February 17, 2026, submitted to The Clerk.
  13. Dec 17 2025
    Response Requested. (Due January 16, 2026)
  14. Dec 10 2025
    DISTRIBUTED for Conference of 1/9/2026.
  15. Dec 04 2025
    Brief amici curiae of Second Amendment Defense & Education Coalition, et al. filed.
  16. Dec 01 2025
    Waiver of right of respondents Kwame Raoul, Attorney General of Illinois; Robert Berlin, State's Attorney of DuPage County to respond filed.
  17. Dec 01 2025
    Waiver of right of respondents Eileen O’Neill Burke, Cook County State’s Attorney to respond filed.
  18. Oct 31 2025
    Petition for a writ of certiorari filed. (Response due December 4, 2025)